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insightThe U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. However there is another important area of regulation that applies to the firearms industry as well – the International Traffic In Arms Regulations (“ITAR”). ITAR are the State Department controls that regulate defense products and services. Companies regulated under ITAR are subject to a number of requirements including registration, licensing, restrictions on transferring controlled technical data and performing defense services, among others. Following recent amendments, a second set of regulations - the Export Administration Regulations (“EAR”) - impose related requirements and must be considered alongside ITAR. Contrary to popular belief, these apply beyond export transactions to many domestic activities of U.S. firms, as well as many foreign firms that have contacts with the U.S.
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insightThe Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement.
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insightOn April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal protections for the LGBTQ community. For the first time, a Federal appellate court has ruled unequivocally that discrimination against an employee based on his or her sexual orientation is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
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insightLate in 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (Proposed Rule),[1] which contemplates revising the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma Large Generator Interconnection Agreement (LGIA) and related FERC’s regulations.[2] The FERC preliminarily found that certain interconnection practices may not be just and reasonable and may be unduly discriminatory or preferential and proposes several potential reforms. As such, FERC’s Proposed Rule includes 14 changes to the LGIP and LGIA and FERC’s regulations. In response to FERC’s Proposed Rule, more than 70 entities submitted comments.
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insightThe crux of the CFPB’s “abusive act or practice” claim[1] against Nationwide Biweekly Administration, Inc. (“Nationwide”) is that its customers do not understand how long they must remain in the company’s Interest Minimizer (“IM”) program to save interest on their mortgage loans.
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insightThe U.S. Department of the Treasury and the IRS, in Notice 2017-38, have identified the proposed regulations (the “Proposed Regulations”) under § 2704 of the Internal Revenue Code as potentially imposing an undue burden on U.S. taxpayers or adding undue complexity to the U.S. Federal tax laws.
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insightThe U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing requirement of Article III of the U.S. Constitution to establish jurisdiction for a claim under the Fair Credit Reporting Act (“FCRA”).
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insightInternational companies are signaling growing concern about the U.S. sanctions laws. These laws impose restrictions on entering business transactions with certain targeted countries, companies and even individual persons anywhere in the world.
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insightOn Friday, October 19, 2018, the U.S. Treasury Department issued its first tranche of qualified opportunity zone (“OZ”) proposed regulations.[1] Simultaneously, the IRS released Revenue Ruling 2018-29, which addresses the meanings of “original use” and “substantial improvement” under 1400Z-2(d)(2)(D). Both the proposed regulations and the ruling provide answers to many questions that were impediments to the utilization of the OZ incentive, and, with the incentive’s “window of opportunity” narrowing, [2] this highly-anticipated guidance is a welcome relief for qualified opportunity funds (“QOFs”) and investors looking to optimize OZ benefits.
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insightNew international trade disputes have been occurring on almost a weekly basis. Actions on Chinese unfair trade practices, steel and aluminum tariffs, NAFTA amendments, auto tariffs, solar panel safeguards and foreign retaliatory actions are all underway.